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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34884
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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We own vacation property in Southeastern Idaho. The HOA

Customer Question

We own vacation property in Southeastern Idaho. The HOA president has independently made arrangements to cross local farmers land in the winter to reach his land. After family members of the farmers family were found trespassing and cited by police on the private land included in the HOA, the farmer threatened the president with withdrawing the permission unless charges were dropped. The vice-president's company is paid to grade the roads, his bill is always exactly what is brought in by the HOA fees. The vice-president's wife is the secretary, no bids are placed for the services, there are no end of year statements sent out. The president has purchased additional sections of property but continues to only pay for the one property. I have been trying to find Idaho laws that govern HOAs.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 months ago.

Good afternoon Kelli,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

To begin with, it is important to know that an HOA in Idaho is also a corporation---typically a non-profit corporation. Idaho does not have special codified regulations for HOS as some state do. However what you are looking for is state law which prevents the HOA president from self-dealing----taking the job for himself in direct violation of state Corporations law. Here is a link to the law which prevents this self-dealing:

You can find the definition of self-dealing at 26 USC Section 4941(d):

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 2 months ago.

Good afternoon Kelli,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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